Senate Bill No. 423

(By Senators Hunter, Minear and Ball)

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[Introduced February 6, 1998; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section four, article six, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to municipal annexation without an election; and providing a temporary exemption from population density requirements for certain municipalities.

Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
 ARTICLE 6. ANNEXATION.
PART III. ANNEXATION WITHOUT ELECTION.

§8-6-4. Annexation without an election.
(a) The governing body of a municipality may by ordinance provide for the annexation of additional territory without ordering a vote on the question if:
(1) A majority of the qualified voters of such the additional territory file with the governing body their petition to be annexed; and
(2) A majority of all freeholders of such the additional territory, whether they reside or have a place of business therein in the territory or not, file with the governing body their petition to be annexed; Provided, That and
(3) The additional territory shall conform conforms to the requirements of section one, article two of this chapter. and the
(b) A determination that the additional territory does so conform or that the requisite number of petitioners have filed the required petitions shall be requirements of subsection (a) of this section are met is reviewable by the circuit court of the county in which the municipality or the major portion of the territory thereof, including the area proposed to be annexed, is located upon certiorari to the governing body, in accordance with the provisions of article three, chapter fifty-three of this code.
(c) A qualified voter of the additional territory who is also a freeholder of the additional territory may join only in the voters' petition of such the additional territory. It shall be is the responsibility of the governing body to enumerate and verify the total number of eligible petitioners, in each category, from the additional territory. In determining the total number of eligible petitioners, in each category, a freeholder or any other entity that is a freeholder shall be is limited to one vote or one signature on a petition as provided in this section. There shall be is allowed only one signature on a petition per parcel of property and any freehold interest that is held by more than one individual or entity shall be is allowed to sign a petition only upon the approval by the majority of the individuals or entities that have an interest in the parcel of property. A qualified voter of the additional territory who is also a freeholder of the additional territory shall be is counted only as a freeholder and if all of the eligible petitioners are qualified voters, then only a voters' petition shall be is required. If satisfied that the additional territory conforms to the requirements of section one, article two of this chapter and that the petition is sufficient in every respect, the governing body shall enter such the fact upon its journal and forward a certificate to that effect to the county commission of the county wherein where the municipality or the major portion of the territory thereof of the municipality, including the additional territory, is located. The county commission shall thereupon enter an order along the lines of the order described in the immediately preceding similar to the order provided in section three of this article. After the date of such the order, the corporate limits of the municipality shall be are as set forth therein in the order.
 (d) Notwithstanding any other provision of this section, when a municipality has cooperated with a federal or state agency, or both, for the purpose of reducing the costs associated with flooding or other natural hazards through the public purchase of private property or other hazard mitigation effort which reduces its tax base, the requirements of section one, article two of this chapter do not apply. The exemption provided in this subsection expires on the thirtieth day of June, two thousand one.


NOTE: The purpose of this bill is to allow a municipality which has reduced its tax base by cooperating with federal or state agencies in reducing the costs associated with flooding or other natural hazard through the public purchase of private property or other hazard mitigation effort, to annex additional territory without regard to population density requirements. It applies only when annexing property without an election. The exemption expires on June 30, 2001.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.